A/r Seljan, Paul Jebsen & M/v Stolt Sildra v. Pioneer Leasing Corp., 406 F.2d 768 (5th Cir. 1969). · Go Syfert
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A/r Seljan, Paul Jebsen & M/v Stolt Sildra v. Pioneer Leasing Corp., 406 F.2d 768 (5th Cir. 1969). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: Allied Chemical Corp. v. Hess Tankship Co. (ca5, 1981-11-20)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Allied Chemical Corp. v. Hess Tankship Co.
5th Cir. · 1981 · confidence medium
Termar Navigation, supra ; Florida East Coast Railway Co. v. Revilo Corp., 637 F.2d 1060, 1067 (5th Cir. 1981); Movible Offshore, Inc. v. M/V WILKEN A. FALGOUT, 471 F.2d 268, 272-273 (5th Cir. 1973); A/R SELJAN v. Pioneer Leasing Corp., 406 F.2d 768, 769 (5th Cir. 1969).
discussed Cited as authority (rule) Allied Chemical Corporation v. Hess Tankship Company of Delaware, Amerada Hess Corporation, Defendants-Appellees-Cross American Hull Syndicate, Defendants-Third Party v. Allied Towing Corporation as Owner of the Tug Socrates, Third Party Defendants-Appellants-Cross v. Defelice Towing Company
3rd Cir. · 1981 · confidence medium
Termar Navigation, supra ; Florida East Coast Railway Co. v. Revilo Corp., 637 F.2d 1060, 1067 (5th Cir. 1981); Movible Offshore, Inc. v. M/V WILKEN A. FALGOUT, 471 F.2d 268, 272-273 (5th Cir. 1973); A/R SELJAN v. Pioneer Leasing Corp., 406 F.2d 768, 769 (5th Cir. 1969).
cited Cited as authority (rule) Termar Navigation Company, Inc., as Managing Owner of the Serafin Topic v. Ss Polanica
5th Cir. · 1976 · confidence medium
Movible Offshore, Inc. v. M/V Wilken A. Falgout, 471 F.2d 268, 272-73 (5th Cir. 1973); A/R Seljan v. Pioneer Leasing Corp., 406 F.2d 768, 769 (5th Cir. 1969).
Retrieving the full opinion text from the archive…
A/R SELJAN, Paul Jebsen and M/V STOLT SILDRA, Appellants,
v.
PIONEER LEASING CORP. Et Al., Appellees
26095.
Court of Appeals for the Fifth Circuit.
Mar 5, 1969.
406 F.2d 768
B. D. McKinney, Houston, Tex., for appellants; Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel., James E. Ross, Blades, Crain, Slator,-Winters & Ross, Gus A. Schill, Jr., Carl O. Bue, Jr., Royston, Rayzor & Cook, Houston, Tex., for appellees; Alfred L. Deaton III, Houston, Tex., of counsel.
Goldberg, Morgan, Lieb.
Cited by 3 opinions  |  Published
PER CURIAM:

This is an interlocutory appeal from the District Court’s determination of liability in a marine collision which occurred at Lynchburg Bend in the Houston Ship Channel. The factual and legal issues center on the actions of three vessels: the outbound M/V GEORGIA GIRL (a tug pushing two barges carrying fertilizer), the outbound M/V STOLT SILDRA (a loaded tanker), and the inbound SS EVILIZ (a dry cargo vessel). Through a misunderstanding of whistle signals and corresponding maneuvers of the several vessels, a minor collision involving the SS EVILIZ and the lead barge of the M/V GEORGIA GIRL flotilla occurred. In viewing the events transpiring down stream, the M/V STOLT SILDRA, fearing that the damaged barge contained flammable chemicals, put her engines full ahead and attempted to “thread the needle” to get by the congested situation. This action, however, forced the SS EVILIZ to full ahead in order to avoid a collision with the tanker. By taking such action, the SS EVILIZ was able to narrowly avoid a collision with the M/V STOLT SILDRA, but was unable to avoid ramming the barge again. This time the barge was so severely damaged that it sank.

The District Court determined that the actions of the M/V STOLT SILDRA and the M/V GEORGIA GIRL were the proximate cause of the collisions and the ensuing damage, thereby exonerating the SS EVILIZ. The finding of fault is a fact issue to which the clearly erroneous rule is applicable. The record is replete with evidence to support the District Court’s determination of fault. The ruling of the District Court is affirmed.